§ 43-17-32.1 — Temporary suspension - Appeal

North Dakota § 43-17-32.1

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17: Physicians, Resident Physicians, and Physician Assistants

Text

1. When, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates that the continued practice
by the licensee would create a significant risk of serious and ongoing harm to the
public while a disciplinary proceeding is pending, and that immediate suspension of
the license is required to reasonably protect the public from that risk of harm, the
board may order a temporary suspension ex parte. For purposes of this section,
"verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice of the suspension to the
licensee, which must include a copy of the order and complaint, the date set for a full
hearing, and a specific description of the nature of the evidence, including a list of all
known witnesses and a description of any documents relied upon by the board in
ordering the temporary suspension which, upon request, must be made available to
the licensee.
2. An ex parte temporary suspension remains in effect until a final order is issued after a
full hearing or appeal under this section or until the suspension is otherwise terminated
by the board.
3. The board shall conduct a hearing on the merits of the allegations to determine what
disciplinary action, if any, shall be taken against the licensee who is the subject of the
ex parte suspension. That hearing must be held not later than thirty days from the
issuance of the ex parte temporary suspension order. The licensee is entitled to a

continuance of the thirty-day period upon request for a period determined by the
hearing officer.
4. The licensee may appeal the ex parte temporary suspension order prior to the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition thereof.
5. Any medical record of a patient, or other document containing personal information
about a patient, which is obtained by the board is a confidential record as defined in
section 44-04-17.1.